Durbin Speaks Against Trump Administration Efforts To Intimidate Judges & Undermine The Rule Of Law

WASHINGTON – In a speech on the Senate floor, U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, spoke against efforts by the Trump Administration to intimidate judges and undermine the rule of law. Durbin then asked unanimous consent (UC) to pass a resolution that simply affirms that the Constitution vests the judicial power in the federal courts. It also affirms that both the Constitution and established precedent require the executive branch to comply with all federal court rulings. U.S. Senator Chuck Grassley (R-IA) objected to Durbin’s unanimous consent request. Durbin was joined on the Senate floor by Democratic members of the Senate Judiciary Committee who spoke in support of his resolution.

“In recent weeks, several federal judges have issued orders blocking unlawful actions taken by the Trump Administration. In response, the Administration’s officials and allies have made worrisome statements criticizing federal judges and the process of judicial review,” Durbin said.

Durbin noted that Elon Musk has repeatedly called for the impeachment of federal judges and questioned the lifetime appointment of federal judges that is enshrined in Article III of our Constitution. President Trump’s choice for Deputy Director of the FBI, Dan Bongino, suggested on a podcast that the President set up a fake courtroom in the White House where “he can just start making judicial decisions.” Mr. Bongino added: “If the judge is the executive, why can’t the executive be the judge? Ask your stupid liberal friends that.”

Last week, a nominee to a senior position at the Department of Justice testified before the Senate Judiciary Committee that “There is no hard and fast rule about whether, in every instance, a public official is bound by a court decision.” In a social media post, Vice President Vance falsely asserted that “judges aren’t allowed to control the executive’s legitimate power.” And President Trump himself recently posted: “He who saves his Country does not violate any law.”

“These efforts to intimidate judges and undermine the rule of law do not stop with these statements,” Durbin said. “The Speaker of the House said he agrees with Vice President Vance and urged courts to, quote, ‘take a step back.’ Three members of the House of Representatives have introduced articles of impeachment against federal judges, simply because they ruled against the Trump Administration.”

Durbin continued, “These remarks that I have quoted are not only wrong—they are constitutionally dangerous. And they pose a serious threat to our constitutional order and the separation of powers… When it comes to interpreting and applying the law, the courts have the last word. And that responsibility takes on an outsized importance when an executive shows little regard for the limits of the Constitution—as this Administration already has.”

Durbin went on to note that just because a court has made a decision does not mean you have to agree with it. At a recent Senate Judiciary Committee hearing, U.S. Senator John Kennedy (R-LA) admonished two Trump nominees who suggested the executive branch can ignore court orders, saying, “Don’t ever, ever take the position that you’re not going to follow the order of a federal court. Ever. Now, you can disagree with it, within the bounds of legal ethics, you can criticize it, you can appeal it, or you can resign.”

“Now I have disagreed with judicial decisions—including decisions of the Supreme Court. When that happens, I explain why I disagree. But I have never advocated ignoring or defying a court order—I never will,” Durbin said. “We cannot allow any administration to defy a court order—and we cannot stand idly by as the President and his allies undermine the judiciary by attacking judges.”

Durbin then introduced his resolution, which simply affirms that the Constitution vests the judicial power in the federal courts and that both the Constitution and established precedent require the executive branch to comply with all federal court rulings.

“These are not partisan talking points. They are basic principles of constitutional law—so fundamental and so essential to our constitutional order that they should go without saying. But in light of recent comments and actions by President Trump, Vice President Vance, and his administration and allies, some things must be said,” Durbin said. “So I ask my colleagues to say, with one, clear voice, that the United States Senate supports the Constitution, the judicial branch, and the rule of law. Every member of this body has sworn an oath to support and defend the Constitution of the United States. I urge my colleagues to fulfill their oaths today.”

Video of Durbin’s remarks on the floor is available here.

Audio of Durbin’s remarks on the floor is available here.

Footage of Durbin’s remarks on the floor is available here for TV Stations.

Full text of the resolution is available here.

Durbin’s resolution on the rule of law is cosponsored by U.S. Senators Chris Coons (D-DE), Richard Blumenthal (D-CT), Amy Klobuchar (D-MN), Sheldon Whitehouse (D-RI), Cory Booker (D-NJ), Adam Schiff (D-CA), Andy Kim (D-NJ), Jeanne Shaheen (D-NH), Mazie Hirono (D-HI), Catherine Cortez Masto (D-NV), John Hickenlooper (D-CO), Martin Heinrich (D-NM), Tammy Duckworth (D-IL), Ron Wyden (D-OR), Peter Welch (D-VT), Mark Kelly (D-AZ), Alex Padilla (D-CA), Chuck Schumer (D-NY), Jon Ossoff (D-GA), and Reverand Raphael Warnock (D-GA).

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